Tweets ordered to be blocked incited violence; Twitter cannot claim rights under Articles 14, 19: Central government to Karnataka High Court

The Central government on Monday told the Karnataka High Court that since Twitter is a foreign entity and the government's ten blocking orders were not arbitrary, the company could not fall back on fundamental rights under Articles 14 (right to equality) and 19 (right to freedom of speech and expression) of the Indian Constitution. .Additional Solicitor General R Sankaranarayanan also told Justice Krishna S Dixit that Section 69A of the Information Technology Act and provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were followed by the government while passing the blocking orders under challenge. "Your Lordship may remember the word 'inciting violence'...somebody gives a tweet under the assumed name of government of Pakistan../no government worth their salt would have done that in their name...somebody publishes about Indian occupied Kashmir! All these things are so dangerous that it incites violence," the ASG argued. .The ASG further emphasised that only when there was a threat to the sovereignty of India or public order, would the Central government intervene. .The government concluded its arguments and Twitter will place its response before the Court on April 10. .The blocking orders challenged by Twitter were issued by the Central government between February 2021 and February 2022. The government had directed Twitter to block certain information from access to the public, and to suspend several accounts.Out of a total of 1,474 accounts and 175 tweets, Twitter has challenged the blocking of only 39 URLs..Previously, the Centre had said that Twitter could not speak on behalf of its account holders and, therefore, had no locus standi to file a petition challenging the blocking orders..Twitter had submitted before Justice Dixit that blocking orders issued by the Central government must contain reasons that are communicated to users of the social media platform.It was also contended that the Centre was not empowered to issue general orders calling for the blocking of social media accounts.In its petition filed before the High Court, Twitter contended that account-level blocking is a disproportionate measure and violates the rights of users under the Constitution..The petition stated that the orders in question were manifestly arbitrary, and procedurally and substantively not in consonance with Section 69A of the IT Act.Further, they fail to comply with the procedures and safeguards prescribed by the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (Blocking Rules), it was submitted.Twitter also argued that the direction to block entire accounts falls afoul of Section 69A of the IT Act..The Central government, on the other hand, submitted in its response that the directions to block certain Twitter accounts were issued in national and public interest and to prevent incidents of lynching and mob violence.The government emphasised that it is committed to providing an open, safe, trusted and accountable internet to its citizens, and that its powers to block information has a limited scope..[Read our live coverage of the hearing here]